The Planning Commission may recommend and/or the City Council may amend and authorize conditional exceptions to any of the requirements and regulations set forth in this title. For all subdivisions, application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. Notices of the hearing shall be mailed to the owners of property within a radius of 300 feet of the property involved at least 10 days prior to the date of hearing. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the Planning Commission find the following facts with respect thereto:
A. 
That there are special circumstances or conditions affecting the property;
B. 
That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. 
That the granting of the exception will not be detrimental to the public welfare nor injurious to other property in the territory in which the property is situated.
(Ord. 447 § 9.1(a), April 17, 1956; Ord. 485, January 20, 1960)
At the time of filing such petition, the applicant shall pay a fee in an amount fixed from time to time by resolution of the City Council. When the exception requested also requires application for a variance under the provisions of Title 20, no fee shall be charged other than publication costs as required by Section 21.36.010.
(Ord. 545 § 2; Ord. 603 § 1; Ord. 793 § 2, May 7, 1973)
In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air, and the public health, safety, convenience, and general welfare.
(Ord. 447 § 9.1(b), April 17, 1956)
In recommending the authorization of any exception under the provisions of this section, the Planning Commission shall report to the City Council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the conclusions which justify the exception recommended and the conditions designated.
(Ord. 447 § 9.1(c), April 17, 1956)
Upon receipt of such report the City Council, after public hearings and upon 10 days' published notice, may, by resolution, authorize the Planning Commission to approve the tentative map with the exceptions and conditions recommended. Before notice of said hearing is published, the applicant shall pay to the City the estimated publication costs of such notice.
(Ord. 447 § 9.1(d), April 17, 1956; Ord. 485, January 20, 1960; Ord. 545 § 3)
In all cases in which such exceptions are authorized, the Planning Commission shall require such evidence as it deems necessary that the conditions required in connection with such exceptions are being complied with.
(Ord. 447 § 9.1(e), April 17, 1956)
Drawings designated as Tables 1, 2, and 3 and reference thereto are intended as a guide within the meaning of this title. It is understood that special terrain conditions in Mill Valley will not always permit use of these tables and designations; however, in the absence of approval by the City Council and City Engineer of variations from the tables, the subdivider will be required to follow the designations in the tables.
(Ord. 447 § 9.1(g), April 17, 1956)